American Law and Procedure Volume 3 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 Excerpt: ...The right to arrest without warrant at common law applied to any case of felony. As the common law rules were based upon considerations of necessity, publio policy, and existing conditions, they should expand, contract, or disappear with changing conditions. During the period in which this rule of the common law was formulated, felonies were punished by death and forfeiture of goods, and a felon was regarded as an enemy to society, who, having committed a heinous crime, was ever on the alert to avoid its consequences. He was presumed not to exhibit himself in public places, or to be at any place where he would be easily found and captured by an officer--hence the law required that he should be sought, with or without a warrant, at any time or place. Although it is generally conceded that this common law rule is a part of the law of our country, it may well be doubted whether it should be applied to all cases of felony. At present, but a few felonies are punishable with death, the usual punishment being imprisonment in the penitentiary. Congress and our state legislatures have greatly enlarged the schedule of felonies, extending it to cover matters not recognized as crimes in the earlier days of common law. At the present time the list of felonies includes many social, industrial, and commercial offenses, for which the offenders, unlike the felons of earlier days, have no inclination to flee from their comfortable homes to escape arrest; but are generally ready whenever called upon by an officer, and in many cases voluntarily appear and give bail. Take, for example, the banker who receives deposits after his bank becomes insolvent. He is a felon, yet it would be unreasonable, if not unlawful, for a police officer, to dash into the bank without a warrant and ...